Bradley Fiduciary Corp. v. Citizens & Southern International Bank

District Court of Appeal of Florida

Bradley Fiduciary Corp. v. Citizens & Southern International Bank

431 So. 2d 196, 1983 Fla. App. LEXIS 19231

District Court of Appeal of Florida·Decided April 26, 1983·No. Nos. 82-1571, 82-1910·Published·Cited by 4 cases

Opinions

FERGUSON, Judge.

A motion for the appointment of a special process server need not allege default, disqualification or inability on the part of the sheriff to serve process.

Exchange National Bank of Chicago v. Rotocast Plastic Products, Inc., 352 So.2d 145 (Fla. 3d DCA 1977), cited by appellants, which required that a plaintiff seeking the appointment of a special process server state under oath why the civil division of the sheriff’s department could not be used to serve process, enforced a Local Rule of Practice for the Circuit Court of the Eleventh Judicial Circuit of Florida,¹ which has since been rescinded by the supreme court.²

That the person appointed by the court to serve the summons and complaint was not appointed by the sheriff did not require that the service be quashed. The manner of service of process is, as the phrase suggests, a matter of procedure. To the extent that Section 48.021(2),³ Florida Statutes (1981), may conflict with Florida Rule of Civil Procedure 1.070(b)⁴ on matters of procedure, the rule prevails. See Chappell v. Florida Department of Health and Rehabilitative Services, 391 So.2d 358 (Fla. 5th DCA 1980), rev’d on other grounds, 419 So.2d 1051 (Fla.1982), and cases cited therein.

The orders appointing a special process server and denying the motion to quash service of process are AFFIRMED.

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FERGUSON, Judge.

A motion for the appointment of a special process server need not allege default, disqualification or inability on the part of the sheriff to serve process.

Exchange National Bank of Chicago v. Rotocast Plastic Products, Inc., 352 So.2d 145 (Fla. 3d DCA 1977), cited by appellants, which required that a plaintiff seeking the appointment of a special process server state under oath why the civil division of the sheriff’s department could not be used to serve process, enforced a Local Rule of Practice for the Circuit Court of the Eleventh Judicial Circuit of Florida,¹ which has since been rescinded by the supreme court.²

That the person appointed by the court to serve the summons and complaint was not appointed by the sheriff did not require that the service be quashed. The manner of service of process is, as the phrase suggests, a matter of procedure. To the extent that Section 48.021(2),³ Florida Statutes (1981), may conflict with Florida Rule of Civil Procedure 1.070(b)⁴ on matters of procedure, the rule prevails. See Chappell v. Florida Department of Health and Rehabilitative Services, 391 So.2d 358 (Fla. 5th DCA 1980), rev’d on other grounds, 419 So.2d 1051 (Fla.1982), and cases cited therein.

The orders appointing a special process server and denying the motion to quash service of process are AFFIRMED.

Bradley Fiduciary Corp. v. Citizens & Southern International Bank, 431 So. 2d 196, 1983 Fla. App. LEXIS 19231 (Fla. Ct. App. 1983).

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431 So. 2d 196 (Bradley Fiduciary Corp. v. Citizens & Southern International Bank) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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